Victorian Consolidated Legislation

Health Records Act 2001 - SECT 22

PART 4 GUIDELINES

Health Services Commissioner may issue, approve or vary guidelines

22. Health Services Commissioner may issue, approve or vary guidelines



(1) For the purposes of HPP 1.1(e)(iii), HPP 1.1(f), HPP 2.2(e), HPP
2.2(f)(vi), HPP 2.2(g)(iii), HPP 2.2(h), HPP 2.5(g), HPP 6.1(a), HPP 6.1(b)
and HPP 10.2, the Health Services Commissioner may, by notice published in the
Government Gazette-

   (a)  issue guidelines; or

   (b)  approve, in whole or in part and with or without modification,
        guidelines that are prepared or issued by a public sector agency or
        any other person or body; or

   (c)  vary any guidelines as issued or approved by the Health Services
        Commissioner.

(2) Before exercising a power conferred by subsection (1), the Health Services
Commissioner must cause a notice of intention to issue, approve or vary
guidelines to be published-

   (a)  in the Government Gazette; and

   (b)  in a newspaper circulating generally in Victoria.

(3) A notice under subsection (2) must-

   (a)  state where copies of the guidelines (as proposed to be issued,
        approved or varied) can be obtained; and

   (b)  specify a period of not less than 28 days after the date of the notice
        for making submissions to the Health Services Commissioner on them.



(4) After considering any submissions received, the Health Services
Commissioner may proceed under subsection (1), as proposed or with any
amendments that the Health Services Commissioner considers appropriate.

(5) For the purposes of subsection (1), the Health Services Commissioner may
only issue, approve or vary guidelines that would have the effect of lessening
the level of privacy protection afforded by the relevant Health Privacy
Principle if he or she is satisfied that the public interest to be protected
by the guidelines, or the guidelines as varied, substantially outweighs the
public interest in maintaining that level of privacy protection.

(6) The guidelines may apply, adopt or incorporate any matter contained in any
document, whether-

   (a)  wholly or partially or as amended by the guidelines; or

   (b)  as in force at the time the guidelines are made or at any time before
        then; or

   (c)  as in force from time to time.

(7) The guidelines-

   (a)  may be of general or limited application;

   (b)  may differ according to differences in time, place or circumstances.